A neighbour mentions that the sale of the five-acre farm in Machakos must first go before the Land Control Board, and the seller waves the idea away. For anyone buying agricultural land in Kenya, consent is a step that cannot be skipped without serious consequences.
What is the Land Control Board?
The Land Control Act establishes land control boards for defined areas and requires their consent for dealings in agricultural land within those areas. Boards sit at sub-county level and consider applications relating to transactions such as sales, transfers, charges and leases of agricultural land that fall within the Act. The Act also controls sub-divisions of agricultural land into parcels the board may consider uneconomical, so its role extends beyond outright sales.
When is consent required, and by when?
Consent is required for most dealings in agricultural land within a land control area. Application must be made within six months of the agreement, and a dealing completed without consent is void. In practice, applications should be lodged well before completion, because boards sit on scheduled days rather than continuously.
What happens at the hearing?
The parties ordinarily appear before the board, which confirms their identities and asks about the terms of the transaction. The board’s concern is whether the transaction is genuine and consistent with sound use of the land. Documents commonly required include:
- The title documents for the land and a copy of the sale agreement.
- Identification documents and KRA PIN certificates for the parties.
- Spousal consent where the land is a matrimonial home.
- Rates and rent clearance certificates, and any planning or subdivision approvals the transaction depends on.
What if consent is refused or delayed?
The board may refuse consent, and a refused application leaves the agreement unenforceable unless the parties restructure it. Where consent is delayed, a well-drafted sale agreement provides for an extended completion period rather than treating the delay as a breach. Buyers should confirm the position early; the text of the Land Control Act is available on Kenya Law. CS Advocates LLP prepares consent applications and attends board hearings as part of its conveyancing practice in Nairobi; see our practice areas for related land services.
For guidance on your specific situation, contact CS Advocates LLP, call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.